by Saqib Khan | May 27, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying a home is a significant life event. If you are considering a leasehold property, it is crucial to fully understand the implications of this form of ownership. At KhanMather, our Residential Property Solicitors are dedicated to guiding you through the intricacies of freehold, leasehold, and commonhold titles, empowering you to make confident and informed decisions when purchasing your new home.
What Does ‘Leasehold’ Mean?
Leasehold remains a prevalent form of property title in England and Wales, particularly in regions such as the North West, where 27% of properties are leasehold, and London, with 36%.
Unlike freehold ownership, where you purchase both the building and the land it occupies, leasehold means you acquire ownership of the building for a fixed period, known as the lease term. During this term, you “lease” the property from the freeholder, who retains ownership of the underlying land.
The parties involved in a leasehold agreement typically include:
- Leaseholder (Tenant): You, as the owner of the property for the lease term.
- Freeholder (Landlord): The owner of the land on which the property is built.
- Management Company (Optional): A separate entity responsible for maintaining common areas.
Lease terms commonly range from 99, 125, 250, to 999 years. It is vital to monitor the remaining years on your lease, as the property’s value diminishes significantly as the term shortens. Mortgage lenders generally show reluctance to lend on properties with fewer than 80 years left on the lease. Upon expiry, ownership reverts to the freeholder unless the lease is formally extended.
Common Leasehold Terms
When considering a leasehold property, you will encounter specific financial and operational terms:
- Ground Rent: This is an annual payment made to the freeholder as a condition of the lease, distinct from payments for services. Historically nominal, some modern leases incorporate “escalating” ground rent clauses, leading to substantial increases over time. Recognising these concerns, legislation enacted in July 2022 prevents the creation of new leases with ground rents exceeding a peppercorn (a nominal sum). The future treatment of existing leases with escalating ground rent clauses remains a subject of ongoing legal discussion.
- Service Charge: In addition to ground rent, leaseholders often contribute to a service charge. These payments, made to the landlord or a designated management company, cover the maintenance of communal facilities such as shared entrances, staircases, gardens, courtyards, or car parks. When viewing a property that may incur a service charge, we recommend requesting a copy of the service charge budget to assess the level of charge and factor it into your overall budget.
Restrictions and Covenants
Leases commonly contain restrictions, known as covenants, which can be more stringent than those associated with freehold properties. It is imperative to review the lease thoroughly to understand what you can and cannot do with the property. Common restrictions include:
- Prohibitions on external or structural alterations, including extensions, without the consent of the freeholder or management company.
- Limitations on pets, potentially requiring consent from the freeholder or management company.
- Restrictions on sub-letting the property without the consent of the freeholder or management company.
Extending the Lease or Purchasing the Freehold
Recent legislative changes have removed the minimum ownership period previously required before a leaseholder could approach the freeholder to purchase the freehold or extend their lease.
Under the Leasehold Reform Act 1967, leaseholders of houses have the statutory right to acquire the freehold interest, a process known as enfranchisement. While some freeholders may agree to sell their interest voluntarily, others necessitate a formal claim and adherence to a statutory procedure. Seeking professional legal advice is crucial to navigate this process effectively and understand the potential costs involved.
What is Commonhold?
Introduced by the Commonhold and Leasehold Reform Act 2002, commonhold offers an alternative to the traditional long leasehold system. Although its initial reception by mortgage lenders and developers limited its widespread adoption, new proposals aim to revitalise commonhold, enhancing the structure and management of multi-occupancy developments or estates.
In theory, commonhold enables individual unit owners (e.g., houses or flats within a larger building) to own the freehold of their specific unit. A “commonhold association,” comprising the individual unit owners, would be formed and registered at Companies House. This association would own and manage the common parts of the building and estate, such as entrances, communal gardens, car parks, and the building’s structural elements.
Instead of a lease, a “commonhold community statement” would define the rights of individual unit owners to use common areas and establish their mutual responsibilities. A “commonhold assessment,” similar to a service charge, would be paid to contribute towards maintenance costs.
Further legislation is anticipated to make commonhold a more widely utilised structure, and we are closely monitoring these developments to provide our clients with the most up-to-date advice.
If you have any questions, p[lease telephone Hannah on 0161 850 9911.
by Saqib Khan | May 15, 2025 | Conveyancing, General, Landlord and Tenant Law, People
As we progress through 2025, the residential conveyancing landscape in England and Wales is undergoing significant transformations. Understanding these trends is crucial for buyers, sellers, and legal professionals alike. At Khan Mather Solicitors, we stay abreast of these developments to provide our clients with informed and effective legal guidance.
- Surge in Property Transactions Post-Stamp Duty Changes
The reduction of the Stamp Duty Land Tax (SDLT) threshold from £250,000 to £125,000 in April 2025 prompted a flurry of property transactions as buyers rushed to complete deals before the deadline. This surge has led to increased workloads for conveyancers and potential delays in processing times. Clients are advised to plan accordingly and engage legal services early in the buying or selling process.
- Emphasis on Energy Efficiency and Sustainability
There is a growing demand for energy-efficient homes, with buyers prioritising properties that offer sustainable features. Sellers are responding by investing in eco-friendly upgrades to attract environmentally conscious purchasers. Conveyancing practices now often include assessments of a property’s energy performance and sustainability credentials.
- Digital Transformation in Conveyancing Processes
The conveyancing sector is embracing digital tools to streamline operations. From electronic signatures to online property portals, technology is enhancing efficiency and transparency. However, challenges remain, such as ensuring cybersecurity and adapting to new digital platforms. Clients should be prepared for a more digital-centric conveyancing experience.
- Market Consolidation Among Conveyancing Firms
The conveyancing market is witnessing consolidation, with larger firms handling an increasing share of transactions. This trend may impact service delivery and client experience. At Khan Mather, we pride ourselves on maintaining personalized service while adapting to industry changes.
- Legislative Reforms Impacting Property Transactions
Recent legislative changes, including the Leasehold and Freehold Reform Act, are reshaping property ownership structures. These reforms aim to simplify transactions and provide greater clarity for buyers and sellers. Staying informed about such legal developments is essential for all parties involved in property transactions.
Navigating the evolving conveyancing landscape requires expertise and adaptability. Khan Mather Solicitors is committed to guiding our clients through these changes with professionalism and personalised support.
by Saqib Khan | May 8, 2025 | Conveyancing, General, Landlord and Tenant Law, People
Buying your first home is an exciting milestone! But navigating the legal process, known as conveyancing, can feel daunting. At KhanMather, we understand this, and we’re here to guide you through every step, ensuring a smooth and stress-free journey to your new home.
What is Conveyancing?
Conveyancing is the legal process of transferring ownership of a property from the seller to you, the buyer. It’s more than just signing paperwork; it involves thorough checks to ensure you’re buying a property free from legal issues.
Why Choose KhanMather for Your Conveyancing?
At KhanMather, we pride ourselves on providing a personalised and transparent conveyancing service. We understand that buying your first home is a significant investment, and we’re committed to:
• Clear Communication: We’ll explain complex legal jargon in plain English, keeping you informed at every stage.
• Proactive Approach: We’ll anticipate potential issues and work diligently to resolve them promptly.
• Dedicated Support: You’ll have a dedicated solicitor to answer your questions and provide expert advice.
• Competitive Fees: We offer transparent and competitive fixed fees, so you know exactly what to expect.
• Local Expertise: We have a deep understanding of the local property market and legal landscape.
The Conveyancing Process: A Step-by-Step Guide
1. Instructing Your Solicitor:
o Once your offer is accepted, contact KhanMather to instruct us as your conveyancing solicitors.
o We’ll gather your information and provide you with a detailed quote.
2. Initial Checks and Enquiries:
o We’ll review the draft contract and raise enquiries with the seller’s solicitor.
o We’ll conduct essential searches, including local authority, water, and environmental searches, to identify any potential issues.
3. Mortgage Offer Review:
o We’ll carefully review your mortgage offer to ensure it aligns with the property details and your requirements.
4. Survey Results:
o If you’ve commissioned a survey, we’ll review the findings and advise you on any necessary actions.
5. Contract Exchange:
o Once all enquiries are satisfied and your mortgage offer is confirmed, we’ll exchange contracts with the seller’s solicitor.
o This is a legally binding commitment to purchase the property.
6. Pre-Completion Checks:
o We’ll carry out final checks, including a land registry search and a bankruptcy search.
7. Completion:
o On the agreed completion date, we’ll transfer the purchase funds to the seller’s solicitor.
o You’ll receive the keys to your new home!
8. Post-Completion:
o We will Register the property in your name at the land registry.
o We will also ensure that stamp duty land tax has been paid.
Common Conveyancing Concerns for First-Time Buyers:
• Understanding legal jargon: We’ll break down complex terms and explain everything in a clear and concise manner.
• Dealing with delays: We’ll proactively manage the process to minimise delays and keep you informed of any potential issues.
• Budgeting for costs: We’ll provide a transparent breakdown of all costs involved, including stamp duty land tax, search fees, and legal fees.
Ready to Take the Next Step?
Don’t let the complexities of conveyancing overwhelm you. At KhanMather, we’re dedicated to providing a seamless and stress-free experience for first-time buyers.
Contact Hannah today on 0161 850 9911 for a free, no-obligation quote and let us help you turn your dream of homeownership into a reality.
by Saqib Khan | Apr 17, 2025 | Business, Conveyancing, General, Landlord and Tenant Law, People
The tariff’s that President Donald Trump has imposed on all countries is now having a dramatic effect on the world’s markets. we address this below in our article.
Economic Uncertainty
o Tariffs create uncertainty in global markets. This uncertainty can lead to reduced investor confidence, which can affect property market stability.
o Businesses may delay investment decisions, and consumers may become more cautious with significant purchases like property.
Impact on Interest Rates
o Tariffs can influence inflation. If tariffs lead to increased costs for goods, it could push inflation higher.
o Central banks, like the Bank of England, may respond by adjusting interest rates. Changes in interest rates directly affect mortgage affordability and, consequently, property demand.
o There is also the possibility, that due to the Tariffs, that the bank of England may lower interest rates to stimulate the economy. This would have the opposite effect, and make mortgages more affordable.
Effects on the UK Economy
o The UK’s economy is intertwined with global trade. Tariffs could disrupt supply chains and impact UK businesses, potentially leading to slower economic growth.
o A weaker economy can reduce consumer spending power and affect property demand.
Potential for Mortgage Rate Fluctuations
o As financial markets react to tariff-related uncertainty, there could be fluctuations in mortgage rates.
o Changes in swap rates, which influence mortgage pricing, could lead to variations in mortgage affordability.
Key Considerations for KhanMather Clients
Legal Implications
o Tariffs can affect international contracts and business transactions, potentially leading to legal disputes.
o KhanMather can advise clients on the legal implications of tariffs on their property investments and business dealings.
Property Investment Strategies
o Clients should be aware of the potential risks and opportunities that tariffs may create in the property market.
o KhanMather can provide guidance on navigating legal and contractual complexities related to property transactions during times of economic uncertainty.
Economic Monitoring
o It’s crucial to stay informed about economic developments and policy changes that could affect the property market.
o KhanMather can help clients stay updated on relevant legal and economic changes.
In Summary
While predicting the precise impact of tariffs is challenging, it’s clear they can introduce significant economic uncertainty. This uncertainty can ripple through the property market, affecting demand, affordability, and investment decisions. KhanMather can play a vital role in helping clients navigate these complexities and protect their interests.
If you have any questions regarding the above, please contact Hannah @ KhanMather on 0161 850 9911.
by Saqib Khan | Apr 1, 2025 | Conveyancing, General, Landlord and Tenant Law
Here at KhanMather, we understand that buying or selling a property is one of the most significant transactions in anyone’s life. It’s a process filled with legal intricacies, and staying ahead of the curve is crucial. That’s why we’re keeping a close eye on the government’s proposed changes to the TA6 form, set to be implemented in 2026.
What is the TA6 Form?
For those unfamiliar, the TA6 form, officially known as the Property Information Form, is a vital document in residential property transactions in England and Wales. It’s completed by the seller and provides crucial information about the property to the buyer. This includes details about boundaries, disputes, planning permissions, and environmental matters. It’s designed to ensure transparency and help buyers make informed decisions.
Why the Change?
The government’s decision to introduce a new TA6 form in 2026 stems from a desire to modernise the process and address evolving concerns in the property market. Key drivers include:
• Enhanced Transparency: The aim is to provide buyers with more comprehensive and accurate information, reducing the risk of post-completion disputes.
• Environmental Considerations: With increasing focus on climate change, the new form is expected to incorporate more detailed questions about energy efficiency, flood risks, and other environmental factors.
• Digitalisation: The government is pushing for greater digitalisation in property transactions, and the new TA6 form will likely align with this trend.
• Leasehold reform: With the ongoing leasehold reform, it is likely that leasehold properties will have more detailed questions.
What Can We Expect?
While the exact details of the new TA6 form are yet to be finalised, we anticipate the following:
• Expanded Environmental Questions: Expect more in-depth inquiries about energy performance certificates (EPCs), flood risk assessments, and the presence of potentially hazardous materials.
• Updated Boundary and Dispute Information: The form may include more specific questions about boundary disputes, rights of way, and other neighbourly matters.
• Improved Digital Integration: The new form may be designed for easier digital completion and submission, streamlining the transaction process.
• More detailed questions concerning leasehold properties: Due to the upcoming leasehold reform, it is likely that leasehold properties will have more detailed questions.
• Cyber security questions: With the rise of cyber crime, questions may be added to confirm that the seller has taken steps to secure their personal information.
What This Means for You?
For sellers, it’s crucial to start gathering relevant information well in advance of 2026. This includes ensuring your property’s documentation is up-to-date and addressing any potential issues that might arise during the disclosure process.
For buyers, the new TA6 form should provide greater peace of mind, offering a more comprehensive understanding of the property’s condition and history. However, it’s essential to seek professional legal advice to fully interpret the information provided.
How KhanMather Can Help?
At KhanMather, we’re committed to staying abreast of all legal developments in the property sector. Our experienced solicitors can:
• Provide expert guidance on the new TA6 form and its implications.
• Assist sellers in completing the form accurately and efficiently.
• Advise buyers on interpreting the information provided in the form and conducting thorough due diligence.
• Navigate any potential disputes that may arise during the transaction.
Looking Ahead
The introduction of the new TA6 form in 2026 represents a significant step towards a more transparent and efficient property transaction process. We encourage both buyers and sellers to stay informed and seek professional legal advice to ensure a smooth and successful transaction.
If you have any questions about the new TA6 form or any other aspect of property law, please don’t hesitate to contact Hannah at KhanMather on 0161 850 9911.
We’re here to help you navigate the complexities of the property market with confidence!
by Saqib Khan | Mar 27, 2025 | Conveyancing, General, Landlord and Tenant Law
The UK Government is making significant changes to property ownership, with the aim of abolishing the traditional leasehold system for flats in England and Wales. The goal is to make commonhold the standard tenure.
What’s Changing?
• Ban on new leasehold flats: The main proposal is to stop selling new flats under leasehold agreements.
• Commonhold as the new standard: Instead, commonhold ownership will become the norm. This means homeowners will own their flats outright, without a separate freeholder.
What Does Commonhold Mean for Flat Owners?
• Collective Ownership: Flat owners will collectively own and manage the entire building.
• Direct Control: You’ll have direct control over maintenance and related costs, eliminating ground rents.
• Part of an Association: When you buy a home, you’ll automatically become part of a commonhold association. This group will oversee the building’s management, either directly or by hiring a managing agent.
In Summary:
These changes aim to give flat owners more control and security over their properties by moving away from the leasehold system.
